Smt. Dhanalakshmi Kishan Magaji, Bengaluru V. The Assistant Commissioner Of Income Tax, Circle- 4(3)(1), Bangalore

ITA 2439/BANG/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 7873 (ITAT-BANGALORE)
• Duration Of Justice: 1 year(s) 1 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-01-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 19-01-2021
• Assessment Year: 2014-2015
• Appeal Filed On: 29-11-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

ITA NO.2439/BANG/2019 SMT. DHANALAKSHMI KISHAN MAGAJI, BANGALOLRE IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH: BANGALORE BEFORE SHRI N.V. VASUDEVAN, VICE PRESIDENT AND SHRI B.R. BASKARAN, ACCOUNTANT MEMBER ITA NO.2439/BANG/2019 ASSESSMENT YEAR: 2014-15 SMT. DHANALAKSHMI KISHAN MAGAJI FLAT NO.603, SHIVA NILAYA, 6 TH A MAIN , 11 TH CROSS, J.P. NAGAR, 3 RD PHASE BENGALURU-560 078 PAN NO : AIFPM0740A VS. ACIT CIRCLE-4(3)(1) BENGALURU APPELLANT RESPONDENT APPELLANT BY : SHRI V. SRIDHAR, A.R. RESPONDENT BY : MS. NEERA MALHOTRA, D.R. DATE OF HEARING : 19.01.2021 DATE OF PRONOUNCEMENT : 19.01.2021 O R D E R PER B.R. BASKARAN, ACCOUNTANT MEMBER: THE ASSESSEE HAS FILED THIS APPEAL CHALLENGING THE ORDER DATED 28.10.2019 PASSED BY LD CIT(A)-5, BENGALURU AND IT RELATES TO THE ASSESSMENT YEAR 2014-15. 2. THE LD A.R OF THE ASSESSEE HAS FILED A LETTE R STATING THAT THE ASSESSEE HAS OPTED TO SETTLE THE DISPUTE IN THESE T WO APPEALS UNDER DIRECT TAXES VIVAD SE VISHWAS ACT, 2020. IT IS STA TED THAT THE ASSESSEE HAS FILED FORM 1 & 2 AND IS AWAITING FORM NO.3. ACCORDINGLY, THE LD A.R HAS SOUGHT ADJOURNMENT. 3. THE LD D.R, HOWEVER, SUBMITTED THAT THE ASSES SEE HAS TO WITHDRAW THE PENDING APPEAL AFTER FILING FORM VSV1 AS PER VIVAD SE ITA NO.2439/BANG/2019 SMT. DHANALAKSHMI KISHAN MAGAJI, BANGALOLRE PAGE 2 OF 2 VISHWAS ACT, 2020. THEREAFTER, THE ASSESSEE IS REQ UIRED TO FURNISH A COPY OF THE SAME ALONG WITH THE PROOF OF PAYMENT OF TAX AS DETERMINED BY THE TAX OFFICIAL TO THE DEPARTMENT. ACCORDINGLY HE SUBMITTED THAT NO PURPOSE SHALL BE SERVED IN KEEPING THE APPEAL PE NDING. 4. WE HEARD THE PARTIES AND PERUSED THE RECORD. THE SUBMISSIONS MADE BY PARTIES ARE CONSIDERED. SINCE THE ASSESSEE HAS FILED APPLICATION UNDER DIRECT TAX VIVAD SE VISHWAS ACT, 2020 FOR SETTLING THE ISSUES FOR THE YEAR UNDER CONSIDERATION, NO PUR POSE WILL BE SERVED IN KEEPING THE APPEAL PENDING. ACCORDINGLY WE DISMI SS THE APPEAL OF THE ASSESSEE. HOWEVER, THE ASSESSEE IS GIVEN LIBERT Y TO MOVE APPROPRIATE APPLICATION SEEKING RECALL OF THE PRESE NT ORDER IN ACCORDANCE WITH THE LAW, IF THE SAME IS WARRANTED. 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE I S DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 19 TH JAN, 2021. SD/- (N.V. VASUDEVAN ) VICE PRESIDENT SD/- (B.R. BASKARAN) ACCOUNTANT MEMBER BANGALORE, DATED 19 TH JAN, 2021. VG/SPS COPY TO: 1. THE APPLICANT 2. THE RESPONDENT 3. THE CIT 4. THE CIT(A) 5. THE DR, ITAT, BANGALORE. 6. GUARD FILE BY ORDER ASST. REGISTRAR, ITAT, BANGALORE.